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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I believe the company I currently work for has been illegally

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I believe the company I currently work for has been illegally discriminating against me ever since I've returned from my maternity leave (one yr ago). Immediately upon my return, many of my job duties were changed (and my job essentially became doing all the projects no one else wanted to tackle) - even though I have been there much longer than most other employees (6.5 years). Over the course of the last year, three employees have been promoted (all of who have worked for the company for 6mo-2yr and have much less experience than me). Most recently, a colleague who was hired as my assistant one year ago was promoted to the position I currently hold. I was not implicitly told I was demoted - though her job title was clearly stated, as was stated that she was my superior.

I have also not been offered the continuing education opportunities my co-workers have been offered. Because I felt these courses were essential to my growth in the industry, I opted to take the classes anyway and pay ~$2000 out of pocket (while the company paid for all other employees' admission fees).

I've since contacted my boss (the owner of the company) to inquire about my current position and title, as well as to ask if there have been any issues with my job performance I should be aware of. I have not received a response.

To complicate things further, I have been asked to travel out of state for work for a full two weeks (including weekends). During my entire career I have not been asked to travel once. Leaving my child at home is not an option, as I do have have overnight or weekend childcare and I am still breastfeeding. I was told I could bring my child on the business trip and my boss would hire a babysitter - an option I am not comfortable with either. I feel this is a deliberate strategy to create a difficult enough situation for me that I will either quit my job, or refuse to go on the trip and be fired.

Any advise is greatly appreciated!

Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

I believe your situation triggers protections offered under federal law if you qualify.

Can you please tell me how many employees work for your employer?
Customer: replied 3 years ago.

~20-25 employees

Customer: replied 3 years ago.

Quick question - does everything I write here get posted publicly on justanswer.com ?


 


There's another legal issue I wanted to address, that I didn't want to be publicly linked with this thread.

Hi,

Yes, it does get posted. However, after you are done with your session, you can request that we take it down by letting the attorney know that it needs to be taken down to protect your privacy concerns.

In regard to your specific question here, the Pregnancy Discrimination Act applies to your employer and prevents any sort of discrimination based on pregnancy or childbirth. The fact that you are being discriminated against by your employer in the way you describe triggers your right to file a claim and seek damages.

To initiate this claim you would first contact the local EEOC office. You can locate this office at www.eeoc.gov/field . They will instruct you on the local procedures for filing a Pregnancy Discrimination Act claim.

You do not need an attorney to do this and the EEOC will launch and investigation on their own. If the EEOC determines that there is a violation of the discrimination laws in your case, it will either issue a recommendation for your employer to pay you a damages amount (in an amount to be determined by the EEOC), or will issue you a "right to sue" letter, which authorizes any private attorney you hire to pursue your claim in court. The EEOC may also decide to prosecute your employer on its own for these violations, although the EEOC rarely does this.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
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